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Abortion . Right or Wrong?. Pregnancy. 3 trimesters, 40 weeks. 1 st Trimester 1-12 weeks 2 nd Trimester 13-28 weeks 3 rd Trimester 29-40 weeks. 1 st Trimester 1-12 weeks. Heart Beat 6-8 weeks Brain wave Activity by 10 weeks Implantation by 12 weeks. Implantation.
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Abortion Right or Wrong?
3 trimesters, 40 weeks • 1st Trimester 1-12 weeks • 2nd Trimester 13-28 weeks • 3rd Trimester 29-40 weeks
1st Trimester 1-12 weeks • Heart Beat 6-8 weeks • Brain wave Activity by 10 weeks • Implantation by 12 weeks
Implantation • This is when the amniotic sack connect to the uterus by means of the umbilical cord.
2nd Trimester • Fetal Movement • Viability
Viability • Point at which a baby can survive out side of mother’s womb. About 24 weeks. • This Baby was born at 25 weeks in 1994.
Samuel Alexander Armas • When Julie Armas was 14 weeks pregnant, she went in for her scheduled examination with the Obstetrician. • The sonogram revealed that the baby had Spina Bifida, a condition that occurs when the backbone fails to form completely, and the spinal cord is exposed on the outside of the body.
C section at 21 weeks • Amniotic fluid is withdrawn, the baby is maneuvered into a position where the back area is accessible, and a tiny incision is made into the uterus. • At that point, specially made micro tools are used to pull flaps of skin over the spinal cord, and sutures smaller than a human hair are then used to close the flaps together. After that, the uterus is put back in place, and the incision is sewn up and the amniotic fluid replaced.
Spinal Bifida • Dr. James Bruner performed a relatively new procedure of pre-natal surgery "in-utero" • It involves performing a C-section, removing the uterus and performing an operation on the baby in the womb.
In November, 1999, Dr. Bruner and the staff at Vanderbilt began the operation on Julie. For just under an hour they worked quickly, but gently. At the end of the procedure, just as the uterus was being placed back in Julie's stomach, an amazing thing happened. A tiny arm thrust itself through the incision and grasped Dr. Bruner's finger!
History of Abortion Medieval abortion, legal prior to quickening. - Quickening: fetal movement felt by mother and others.
Under Common Law US common law, murder of a pregnant woman is a double homicide. 1820’a first laws prohibiting abortion.
20th Century By 1900 all states had laws regarding abortion after four months of pregnancy. By 1965 ALL states ban abortion.
“Jane Roe” • Norma McCorvey was pregnant with her third child when she was recruited to be "Jane Roe," the lead plaintiff in the Roe vs. Wade class-action lawsuit. • Ironically, she never had an abortion, but instead delivered a girl, whom she gave up for adoption.
Sarah Weddington • Sarah Weddington and attorney Linda Coffee filed the Roe vs. Wade class-action lawsuit on behalf of U.S. women. • Weddington convinced Norma McCorvey to become the lead plaintiff as "Jane Roe."
Henry Wade • Henry Wade was the Dallas County district attorney who was enforcing the Texas abortion laws. • He represented the state of Texas in the case.
Harry A. Blackmun • Harry A. Blackmun authored the Supreme Court's majority opinion in the Roe vs. Wade. • "This right of privacy, whether it be founded in the 14th Amendment's concept of personal liberty and restrictions upon state action… or in the 9th Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.
William H. Rehnquist • William H. Rehnquist was one of the two dissenters in Roe vs. Wade. • Rehnquist joined the court in 1972 • President Ronald Reagan appointed Rehnquist as chief justice in 1986. • In his dissenting opinion, he wrote, "the Court's opinion will accomplish the seemingly impossible feat of leaving this area of the law more confused than it found it."
What the Supreme Court Ruled • All abortions are legal in 1st trimester. • Abortions could only be prohibited in 2nd trimester to save woman’s life. • Abortions could be limited in 3rd trimester.
Since 1973 • Since 1973 there have averaged just under 1Million abortions per year. • 50% of all abortions are performed on women that previously had an abortion. • About 60% of all abortions are performed by 20 weeks.
CDC Numbers • ..\PHI\PHI130notes\Abortion\Abortion FACTS CDC2001.htm • Over 32,000 pregnancies result each year from rape in victims age 12 to 45 years.
Planned Parenthood vs. Casey • In 1992 the Supreme Court revisited abortion law in a case from Pennsylvania. • A stringent law there required: • Informed Consent (24 hour waiting period) • Spousal Consent • Minor Consent • Limited Government funding of Abortion
The court ruled… • Informed Consent : CONSTITUTIONAL • Spousal Consent: UNCONSTITUTIONAL • Minor Consent: CONSTITUTIONAL • Limited Government funding of Abortion CONSTITUTIONAL
“Undue Burden” • The court ruled that informed consent was Constitutional as well limitation on public funding. • The court claimed that spousal consent put an “undue burden” upon a woman.
“UNDUE BURDEN” • Murky, legal notion. • What is an undue burden? • Is it too much of a burden for a married woman to tell her husband? • Why is it okay to stress out a kid and have them tell their parents? • Is limiting 3rd trimester abortions an undue burden? • Partial birth abortion laws have been struck down as unconstitutional because they violate this idea.
Abortion Across the World • Black- abortion available • Brown- Abortion permitted and protected by law • Tan- Limited abortions for women’s health • Tan/white- Abortion is illegal.
According to the WHO • 75 million unwanted pregnancies annually. • Approximately 50 million abortions • 20 million unsafe abortions. • http://www.who.int/reproductivehealth/publications/RHR_00_13_RH_conflict_and_displacement/RH_conflict_chapter2.en.html
W.H.O. • (Worldwide 1996-2000) Couples with unmet family planning needs* • Maternal deaths# .5 Million • Unwanted Pregnancies 75 Million every year • Abortions 50 Million every year • Severe maternal morbidity# 20 million • Prenatal mortality# 7.6 Million • Unsafe abortion# 20 million • People living with AIDS* 34.3 million (1996-2000) • People newly infected with HIV* 5.4 million (1996- 2000) • Curable sexually transmitted diseases# 333 million • Female genital mutilation# 100-140 million
Morally Relevant Differences • Miami Case- raped, medicated, good chance of death • Orlando Case- raped, unmediated, limited chance of death.
Miami Case • In May 2003 judge ordered an abortion for a mentally handicapped woman in Miami. Doctors testified that she was taking medicine necessary for seizures that would affect the fetus- causing severe birth defects of death. If the woman stopped taking the medication she would die.
Orlando Case • The case was the same as the Miami case, expect the woman did not have a guardian, and the Governor of Florida tried to appoint a guardian for both her and her fetus!
Florida’s Abortion Law and Minors • The law, signed earlier this year by Gov. Jeb Bush, will require doctors to phone or meet with parents of most girls 17 or under 48 hours before performing an abortion on them. • If that's not possible, they can use certified mail 72 hours in advance. It wouldn't apply to girls who are married or have already had a child. The measure also lets judges grant a waiver based on a patient's best interests, her level of maturity or if she has been a victim of abuse by her parents.
3 ways around Notification • Medical emergency. • Minor already has a child. • Emancipated Adult status granted by Judge.
A mother’s life… • Susan Torres was kept alive for three months so she could deliver the child she was carrying. • Susan Torres a cancer-stricken, 26-year-old researcher at the National Institutes of Health, suffered a stroke in May after melanoma spread to her brain. • Her family decided to keep her alive to give her fetus a chance. It became a race between the fetus' development and the cancer that was ravaging the woman's body. • Doctors said that Torres' health was deteriorating and that the risk of harm to the fetus finally outweighed the benefits of extending the pregnancy.
The baby • Torres gave birth to a daughter, Susan Anne Catherine Torres, by Caesarean section on August 2nd at Virginia Hospital Center. The baby was about two months premature and weighed 1 pound, 13 ounces. • Dr. Donna Tilden-Archer, the hospital's director of neonatology, described the child as "very vigorous." • The Baby eventually succumbed to heart failure after emergency surgery to repair a perforated intestine on September 12th.
3rd Trimester Abortions • There are many methods of abortion, • After 20 weeks the preferred method is partial birth abortion.
Partial Birth Abortion • Procedure used to end late term pregnancies.
Medical Emergency? • If a woman’s life is at risk an Emergency Caesarian birth can be performed in 15 minutes. • A partial birth abortion can take hours! • As the name implies, the woman gives birth, before the baby is killed.
Partial Birth Abortion Law • September 8, 2004 • U.S. District Court Judge Richard Kopf in Carhart v. Ashcroft announced that the so-called 'Partial Birth Abortion Ban,' passed by Congress and signed into law by George W. Bush in 2003, is unconstitutional and cannot be enforced.
Federal Appeal Ruling • In his 476-page ruling, Judge Kopf wrote that the Act "does not allow, and instead prohibits, the use of the procedure when necessary to preserve the health of a woman."